Massachusetts struggles to pay assistant DAs going-rate for lawyers

Tuesday

It’s an approach that has improved the state’s overall retention of assistant district attorneys, a historically underpaid job fraught with turnover.

The position still pays markedly less than what entry-level attorneys — and even some paralegals — earn at most private law firms, but the trend is nonetheless promising for a trade where longevity and experience are important.

“A well-functioning judicial system is at the heart of our democracy, and if we don’t pay people adequately, naturally, they are going to move on and the public suffers,” said Martin W. Healy, chief legal counsel for the Massachusetts Bar Association in Boston. “The nuances of the law, along with courtroom dynamics, take time to learn. It requires someone that’s very adept at their work.”

There are 11 district attorney offices throughout Massachusetts, and the minimum annual salary for assistant district attorneys, who represent the state in criminal cases, is about $46,000 per year. In 2011, the state set up a fund designed to retain assistant district attorneys who were early in their careers. Three years ago, an additional $3 million helped raise the minimum annual salary from $37,500 per year, a 22.7 percent increase.

The statewide turnover rate for assistant district attorneys with at least three years of experience simultaneously fell to 5.4 percent in fiscal 2017 from 13.5 percent in fiscal 2011, according to a three-year audit done by the state auditor’s office.

The new money had an impact, according to State Auditor Suzanne M. Bump.

“Our analysis of staff turnover rates in each district attorney’s office found that these additional funds appeared to be a factor in improving the retention rates of these attorneys,” according to the audit.

Nonetheless, assistant district attorneys continue to be among the lowest-paid lawyers in the state and country, according to Norfolk District Attorney Michael W. Morrissey. Comparatively, entry-level salaries in the private sector range from $80,000 to $180,000 per year for top talent coming out of law school, Morrissey said.

The disparity can make it difficult to compete for new talent, Morrissey said. The real challenge comes after a few years as assistant district attorneys get older, look to start families and need more money.

“The lower the pay, the harder people look to get out,” Morrissey said.

Morrissey, whose office based in Canton boasted a 2.1 percent turnover rate in fiscal 2017, also serves as president of the Massachusetts District Attorney Association, a state agency that supports the 11 elected district attorneys.

Many assistant district attorneys get poached by the private sector, Morrissey said, but there’s also competition from other state agencies. Indeed, 28 percent of the assistant district attorneys that left during the three-year audit period went to work for other state agencies and on average made 20 percent more, according to Bump. The trend impacts the state taxpayer and the overall judicial system, she noted.

“Justice and the taxpayers are served when we have experienced individuals representing the commonwealth in courts of law,” Bump stated.

The statewide turnover rate has declined each year since 2011 with the exception of fiscal 2015, when the state faced a budget deficit and all agencies were required to make mid-year cuts. For some district attorneys, the cuts came from the retention funds, and there was a corresponding uptick in the rate of turnovers, which exacerbated the workload for other assistant district attorneys.

“Sixteen experienced ADAs left (Hampden, Northwestern and Norfolk) offices during fiscal year 2015. The loss of ADAs also resulted in increased workloads for the remaining ADAs, which can affect how quickly investigations can be completed,” according to the audit.

The following year, when the budget stabilized, however, turnover rates continued to decline. Between 2011 and 2017, the Middlesex District Attorney’s Office, based in Woburn, had the highest average turnover rate of 13 percent. The lowest average turnover rate of 5.8 percent belonged to the Worcester District Attorney’s Office.

State legislators are entertaining a proposal from Republican Gov. Charlie Baker to increase funding again for assistant district attorneys. The first-term governor, as part of his proposed fiscal 2019 budget, wants to allocate an additional $6 million toward salaries, Morrissey said, which would increase wages for all assistant district attorneys.

The minimum annual salary would subsequently grow to an estimated $53,000, making the position more attractive to prospective and early-stage attorneys.

“It floats all boats, but the largest chunk is aimed at the lowest paid,” Morrissey said.

Eli Sherman is an in-depth and investigative reporter at Wicked Local and GateHouse Media. Email him at esherman@wickedlocal.com, or follow him on Twitter @Eli_Sherman.